The weblog of the Journal of Intellectual Property Law and Practice. Here's where editorial panellists, readers and contributors can come together and share their view on all aspects of IP law and practice. Join us!

Books for review: second time round!

We've just been checking our records and have noticed that there are currently four books which JIPLP has received for review, but for which no offers to review have come in. Accordingly we are re-posting the invitation to review these "orphans". If you are interested, please email Sarah Harris at sarah.harris@oup.com and tell her of your interest, ideally by close of play this Friday, 27 February. If you are not yet known to JIPLP as a contributor or reviewer, do send us your CV or tell us why you think you are the right person to review the book you are are requesting. Don't forget: if you review the book, you get to keep it.These are the books in question:The Ownership Problems of Overlaps in European Intellectual PropertyAuthor: Nuno de Araújo Sousa e SilvaPublisher: Nomos

Intellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose. The diverging rules concerning ownership and entitlement can lead to different rights on the same object being owned by different persons. What happens then?This question is addressed under European law, focusing on the existing corpus of EU primary and secondary legislation and jurisprudence and the national laws of France, Germany and the UK.Five specific cases are considered: trade marks and designs, trade marks and copyright, designs and copyright, data-base sui generis right and copyright and copyright and patents in the field of computer programs. Some solutions to the problem, namely convergence of ownership rules, avoidance of overlaps, prevalence of the closest regime, abuse of rights, implied licences, and expanding copyright solutions by analogy, are analysed.

Further information concerning this title can be obtained from the book's web page here

Debate is raging as regards intellectual property and software. Neither copyright law nor patent law seem to satisfy the requirements of software protection. This legal uncertainty has led to the laws becoming subject to exploitation by corporate and other entities for vested agendas. The resentment towards the inadequacies of laws and practices and their subsequent exploitation is highlighted by the emergence of alternative development models, most notably by the open source software model. This book proposes a sui generis model for software, following the pattern of recently developed technological distinctions in such fields as database protection, integrated computer circuits, plant breeders’ rights, and the recognition given to collective rights like collective trademark, geographical indication, and traditional knowledge.

Further information concerning this title can be obtained from the book's web page here

China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of “insiders’ perspectives” from China, with the analysis of international scholars.

With contributions from leading authors - including Dr Kong Xiangjun, President of the Intellectual Property Tribunal at the Supreme People’s Court of China - this book is the first comprehensive response to a highly controversial and largely under-developed field of inquiry. It seeks to unveil and understand the complexities and challenges that confront China’s innovation economy, setting out the cultural and historical context, the strategies that form the basis for this evolution, and the measures China has at its disposal to protect intellectual property.

Information Environmentalism applies four environmental analytical frameworks to the information commons. The book neatly captures the metaphorical relationship between the physical environment and the information environment by alluding to the environmental philosophy of ‘social ecology’ and the emergent informational discourse of ‘cultural environmentalism’. Robert Cunningham builds upon the proposition that the success of the environmental movement can be traced directly to these four analytical frameworks. He develops, refines and integrates the theoretical foundations of ‘cultural environmentalism’ and applies them to the digital age, in which the regulation of information will have a critical impact upon the manner in which human beings conduct their lives, and the manner in which society functions more generally.

Further information about this title can be obtained from the book's web page here

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About this weblog

The principal contents of this weblog are drawn from the Current Intelligence features which are published monthly in JIPLP.

Current Intelligence articles are designed to analyse recent key cases, legislation and topical matters. Normally they are of between 500 and 1,500 words (though in exceptional cases a greater word length may be agreed with the Editors).

The selected Current Intelligence articles are now posted on this weblog to enable readers to engage with them, posting comments if they so choose. All comments are moderated, which means that they will not appear immediately upon their being posted.

About the Journal

JIPLP is a peer-reviewed journal dedicated to intellectual property law and practice. Published monthly, coverage includes the full range of substantive IP topics, practice-related matters such as litigation, enforcement, drafting and transactions, plus relevant aspects of related subjects such as competition and world trade law.

The journal is specifically designed for IP lawyers, patent attorneys and trade mark attorneys both in private practice and working in industry. It also aims to be an essential source of reference for academics specialising in IP, members of the judiciary, officials in IP registries and regulatory bodies, and institutional libraries. Subject-matter covered is chosen for its practical relevance and international interest.

... and authors in search of an article

JIPLP is often approached by prospective authors who would like to write something, but who would appreciate guidance regarding subject-matter, style and so forth. Here are a few pointers:

* Ask yourself what is it that you'd like to read in the journal, since that is handy rule of thumb which probably reflects the interests of your colleagues and your competitors;

* IP law and practice is very much a 'here and now' activity for JIPLP subscribers. The history of a right may be inherently interesting, or even sometimes relevant to the resolution of a specific issue, but would you expect a reader to look for it in JIPLP?

* Recycled Masters' dissertations and university essays make poor articles and are often difficult to convert from a piece that is designed to display erudition and research ability into an article that addresses lawyers, businesses and decision-makers. It's usually easier to start afresh by working out who your readers are and what you want to tell them.

* Please comply with the authors' instructions and note the journal's preferred length for articles. Most authors like to publish long ones, but subscribers tend to prefer reading shorter ones.

Peer reviewers

All substantive articles published in JIPLP are peer-reviewed. If you'd like to be considered for admission to the roll of peer reviewers, please email Sarah Harris here, and either attach a short-form CV or let him know of your credentials for reviewing articles on IP-related issues.